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28)

Document Cited in Related
Vincent
Published date21 March 2018
Subject MatterCriminal Case Management forms
S.28 Defence Ground Rules Hearing form

S.28 Defence
Ground Rules Hearing Form

(s.28 YJACEA 1999)

In the Crown Court at

Before

HHJ

R v

Case Number

For Ground Rules Hearing on

1)

I am instructed to represent the Defendant(s)

Defendant(s)'s Name(s)

at the Ground Rules Hearing, the S.28
cross examination(s) and the trial

2)

I confirm that I have read the Judicial Protocol
on the implementation of S.28 YJACEA 1999,
and the relevant Toolkit on the Advocate’s Gateway,

which in this case is Toolkit

3)

The witness to be cross examined is

4)

I have viewed the ABE interview of

Witness's name

recorded on

I have full instructions following a conference with
the defendant and his/her signed defence statement
is attached or I have advised the defendant of the inference that may be drawn from his failure to
provide a defence statement.

5)

The defendant(s) have been given the opportunity of
watching the DVD but have chosen not to do so/
the defendant(s) have watched the DVD

6)

The nature of the defendant’s case is

7)

I require direction from the Court about whether in this case it is appropriate to “put the case” in full or whether due to the vulnerability of the witness I should not do so. The following are the areas upon which I require directions

Set out those areas upon which you would in the case
of an adult or non-vulnerable witness wish to cross examine, e.g.: Is the witness lying/fabricating,
Does the witness remember certain incidents

8)

The following are my proposed questions.

Set out all proposed questions which should be
drafted taking in to account the relevant Toolkit.
The questions should be headed with a headline and
then numbered sequentially under each headline, e.g.:

1. I am going to ask you about…

a) Did you…?

b) Did …?

c) Was…?

9)

I would like direction from the Court about how
the following matters will be put to the jury.
I attach the direction I would ask the Court to make.

10)

I understand if I do not raise matters with the Judge at the GRH and later wish to comment about them to the jury, I may be precluded from so doing.

11)

There are/are no outstanding issues in relation to service of the Crown case, the unused material schedules or disclosure. The issues outstanding are as follows:

12)

I understand that the Judge is likely to go to meet
the witness before the cross examination.

I would wish to go and meet the witness at the same time.

I would not wish to go and meet the witness at the same time.

13)

The defendant has been advised that he/she will receive full credit for his/her plea if s/he pleads guilt prior to date of S.28 hearing, and that the S.28 hearing will count as the first day of the trial for the purposes of credit as defined by the Sentencing Council, and the maximum credit s/he may receive at PCMH is 10%.

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